Terms & conditions
The following are the terms and conditions
(the "Terms") under which you (a "User")
may use the web sites and co-branded web sites of Aryan
Art Gallery .(the "Company") at www.aryanartgallery.com
and/or any other addresses (any or all of which are herein
referred to as the "Web Site"). Please read this
page carefully. By accessing and using the Web Site, you
accept and agree to be bound, without modification, limitation
or qualification, by the Terms. The Company may, at its
sole discretion, modify or revise the Terms at any time
by updating the text of this page. You are bound by any
such modification or revision and should therefore visit
this page periodically to review the Terms.
Specific rules, in addition to these Terms,
are provided with respect to transactions conducted on or
in connection with the Web Site, and other rules may be
provided for the use of certain other items, areas or services
provided on or in connection with the Web Site, and you
agree to be bound by such rules.
YOUR USE OF THE WEB SITE CONSTITUTES YOUR
AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED
HEREIN OR OTHERWISE POSTED ON THE WEB SITE. (THE CONTENT
OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH ADDITIONAL
CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO HEREIN
AS THE "AGREEMENT.") IF YOU DO NOT ACCEPT ANY
OF THE PROVISIONS OF THE AGREEMENT, DO NOT USE THE WEB SITE.
The Content on the website
The contents of the Web Site, such as text,
graphics, images, audio, video, data, coding, scripts, computer
programs and other material ("Material" or "Materials"),
are protected by copyright under the laws and are owned
or controlled by the Company or by third parties that have
licensed their Material to the Company. The Company authorizes
you to view and download a single copy of the Material solely
for your personal, non-commercial use, or in the case of
dealers, to display to your clients solely for purposes
of facilitating a transaction with the Company. The use
of any software that is made available for downloading from
the Web Site ("Software") is governed by the terms
of the software license agreement accompanying such software
(the "License Agreement"), and is conditioned
on your agreement to be bound by the terms of the License
Agreement. All rights in and to the Material not expressly
granted to you in the Agreement are reserved. Neither the
availability of, nor anything contained within the Web Site
shall be construed as conferring any license under any of
the Company's or any third party's intellectual property
rights, other or further than as expressly provided in the
foregoing provisions of this paragraph, whether by implication,
estoppel or otherwise.
Unauthorized use of the Material may violate
copyright, trademark, and other laws. You may not sell,
prepare derivative works based on or modify the Material
(including, without limitation, preparation of summaries
of the Material or "thumbnails" of any images
therein), or reproduce, publicly display, publicly perform,
distribute, or otherwise use the Material in any way for
any public or commercial purpose. The use of the Material
or any portion thereof on any other web site, or in any
publication, database, catalog or compilation, or in a networked
computer environment for any purpose other than personal
browsing of the Web Site without the express prior written
permission of the Company is strictly prohibited. With respect
to any copy you make of the Material within the scope of
the limited personal license granted herein, you must retain
therein, unmodified and unobscured, any and all copyright
and other proprietary notices contained in the original
Material. Some of the Material may contain digital "watermarks"
to indicate their source and ownership. You agree not to
attempt to remove, deactivate, reverse engineer, modify,
tamper with or obscure any such watermarks. The trademarks,
logos and service marks (the "Marks") displayed
on the Web Site are owned by the Company or third parties.
You are prohibited from using the Marks without the express,
prior written permission of the Company or such third party.
If you would like information about obtaining the Company's
permission to use the Material on your web site, aryanartgallery.com
Section 2. Privacy; User Submissions
The Company is committed to maintaining
your privacy. The Company does, however, gather certain
information that you provide to the Web Site. For information
regarding the Company's policies for using User information
please read our Privacy Policy.
The Company may provide certain areas of
the Web Site (such as chat rooms, message boards or other
facilities) designated as open to public access or to our
Users at large (each of which is referred to herein as a
"Public Area"). Generally, any communication that
you post to a Public Area is considered to be non-confidential.
By posting communications (including any
graphic or multimedia content) to any Public Area, you automatically
grant the Company a royalty-free, perpetual, irrevocable
non-exclusive license to use, reproduce, modify, publish,
edit, translate, distribute, publicly perform, and publicly
display the communication and any trademarks, names or likenesses
therein alone or as part of compilations or other works
in any form, media, or technology whether now known or hereafter
developed, and to sublicense such rights through multiple
tiers of sublicensees. (Provisions conferring similar rights
on the Company may apply under separate terms or agreements
with respect to certain matter submitted other than in Public
Areas; you should check the applicable agreements or terms
provided by the Company in order to ascertain your rights.)
The Company does not screen communications
in advance and is not responsible for screening or monitoring
material posted by Users. As a User, you are responsible
for your own communications and are responsible for the
consequences of their posting. You must not do any of the
following things while accessing or using the Web Site or
using the Material: (1) post or transmit any material unless
you are the owner of all patent, trademark, copyright, trade
secret or other proprietary rights ("Rights")
therein, or have the permission of the owner of the Rights
to post or transmit such material to the Web Site; (2) post
material that otherwise violates any Rights of any third
party or violates or infringes on the privacy or publicity
rights of third parties; (3) post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, embarrassing
or otherwise objectionable to another User or any other
person or entity; (4) post sexually-explicit language or
images; (5) post advertisements or solicitations of business;
(6) post or transmit any chain letters or pyramid schemes;
(7) impersonate another person or entity; (8) intentionally
or unintentionally violate any applicable local, state,
national or international law while using or accessing the
Web Site or the Material; or (9) post or transmit any information
containing a virus or other harmful component.
If notified by a User of communications
that allegedly do not conform to any term of this Agreement,
the Company may investigate the allegation and determine
in its sole discretion whether to remove or request the
removal of the communication. The Company has no liability
or responsibility to Users for performance or non-performance
of such activities. The Company reserves the right, in its
sole discretion, to expel Users and prevent their further
access to the Web Site for violating this Agreement or the
law. The Company also reserves the right at all times to
disclose any information as necessary or deemed desirable
by the Company to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole
or in part, in the Company's sole discretion.
THE COMPANY DOES NOT ENDORSE, SUPPORT,
REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY
OF ANY COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY
OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE
ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.
Section 3. Registration, Passwords
and Signatures
In consideration of your use of the Web
Site, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by any
registration form that you may fill out on any Web Site
(such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you
provide any Registration Data that is untrue, inaccurate,
not current or incomplete, or the Company has grounds to
suspect that such Registration Data is untrue, inaccurate,
not current or incomplete, the Company has the right to
suspend or terminate your account and refuse any and all
current or future use of the Web Site (or any portion thereof).
You may receive a password and/or account
designation, or a digital signature upon completing the
registration process on the Company's Web Site. You are
responsible for maintaining the confidentiality of any such
password, digital signature and account, and are fully responsible
for all activities that occur under your password, digital
signature or account. You agree to (a) immediately notify
the Company of any unauthorized use of your password, digital
signature or account or any other breach of security, and
(b) ensure that you exit from your account at the end of
each session. The Company cannot and will not be liable
for any loss or damage arising from your failure to comply
with this paragraph.
Section 5. Links to Other Sites
The Web Site may contain links to third-party
web sites that are maintained by others. These links are
provided solely as a convenience to you and not as an endorsement
by the Company of the contents of such third-party web sites.
The Company is not responsible for the content of linked
third-party sites and does not make any representations
regarding the content or accuracy of materials on such third-party
web sites. If you decide to access linked third-party web
sites, you do so at your own risk.
Section 6. Liability Disclaimers
The Material may contain inaccuracies or
typographical errors. Except as may be separately specifically
provided with respect to a particular sale, the Company
makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the
results to be obtained from using the Web Site and the Material.
Any use of the Web Site and the Material is at your own
risk. Advice received via the Web Site should not be relied
upon for personal, medical, legal or financial decisions
and you should consult an appropriate professional for specific
advice tailored to your situation. Changes are periodically
made to the Web Site and may be made at any time. Some Material
on the Web Site is provided by third parties and the Company
shall not be held responsible for any such Material provided
by third parties.
You acknowledge and agree that, in the
event that there are discrepancies or differences between
the descriptions of property provided on the Web Site, on
the one hand, and the saleroom catalogue or saleroom addenda
and announcements related to such property, on the other,
the latter will in all events be considered to be authoritative
and controlling.
THE COMPANY DOES NOT WARRANT THAT THE WEB
SITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION,
OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE WEB
SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF
ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING
THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY
OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND
LINKS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS
AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING
ON YOUR STATE/JURISDICTION.
General term
1. The artworks made available for sale on the Website may
not always be in the physical possession of Aryan Art Gallery
and may be physically located anywhere in the world.
2. The price of the art work listed does not include duties,
taxes, shipping and handling, which will be charged as applicable
and would depend on the physical location of the artwork
as well as the shipping address provided by the buyer. The
information provided during registration or amended at the
time of finalizing a purchase shall be the final billing
address and shipping address for delivery of the artworks.
3. The buyer agrees that the buyer is liable for any duties
and taxes that might be applicable on the purchase as per
clause 2 above and such charges shall be payable in addition
to the price of the artwork.
4. Once an order is placed on Aryan Art Gallery the buyer
is required to make payment for the price of the artwork
as well as the charges referred to above within 7 working
days from the date of placing the order. In the event that
Aryan Art Gallery does not receive payment within 7 working
days Aryan Art Gallery reserves the right to cancel the
order without prior notice to the buyer. Alternately, and
without prejudice to the foregoing, Aryan Art Gallery may,
at its absolute discretion, hold the artwork for the Buyer
and charge any storage and insurance costs applicable on
the purchase and/or may seek to commence legal proceedings
(acting as the agent of the Seller) to ensure execution
of the contract of sale.
5. The artworks will be delivered/shipped to the Buyer once
all necessary documentation, relating to transportation,
tax, etc. as may be reasonably requested for by Aryan Art
Gallery are completed and payment has been realized in full
including any additional charges. Transit insurance costs
will be included in such additional charges, unless specifically
advised otherwise by the Buyer. In the event that the buyer
chooses to himself collect the artworks from Aryan Art Gallery
he must do so within two weeks of Aryan Art Gallery receiving
the payment. In the event that the artworks are not so collected
within a period of two weeks, storage and insurance costs
will be applicable on the purchase and will be determined
at the complete discretion of Aryan Art Gallery.
6. All artwork displayed on the Website is supported by
an authenticity guarantee from the Seller. Based on this,
Aryan Art Gallery will issue a specific authenticity guarantee
for every artwork sold on the Website.
7. Aryan Art Gallery is not obligated to provide any physical
preview of the artwork either before or after the sale.
Aryan Art Gallery is in no way liable for the condition
of the artwork. Condition reports are provided on request
and are based on the information provided by the Seller.
In the event that Aryan Art Gallery is of the view that
there is a significant difference in the physical work relative
to its appearance as displayed on the website, an email
will be sent to the buyer regarding the difference and Aryan
Art Gallery will await the buyer’s decision to proceed
with the order.
8. All foreign currency exchange rates for the purchase
are made on a constant of 1:40 (USD: INR). The prices for
individual artworks have been 'rounded off' for ease of
reference and do not necessarily reflect the exact exchange
rate that will be used for calculation of the invoiced price.
9. Please refer to the terms of our Privacy Policy, which
together with these terms and conditions govern your use
of the website.
10. Paintings will be sold on a first come first book basis.
11. Buyers Shall satisfy themselves independently of the
authenticity & Conditions of the works. We shall provide
authentication if possible for these works as per our sources
buyers should satisfy themselves independently if they require
further proof / authentification / before purchasing the
works of art.
12. Buyer must specify what form of packing & shipping
they require at the time of purchase of the work.
13. All measurements may vary+_ 1 and are Length x Breath
or Height x Width.
14. All measurements are in centimeters and inches approx.
15. All measurements are taken without frame / mount.
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